The Beechnut Life Savers Co., Inc.

BEECHNUT. FOODS DIVISION 851 The bargaining unit is: all sales and nonsales employees employed at our Yakima, Washington , store, including janitorial employees , but excluding office clerical employees, guards and/or watchmen, and supervisors as de- fined in the aforesaid Act. WE WILL offer James Frisque immediate and full reinstatement to his former or substantially equivalent position without prejudice to his seniority or other rights and privileges, and we will make him whole for any loss he may have suffered as a result of the discrimination. All our employees are free to become, or to refrain from becoming, members of the above-named union or any other labor organization , except to the extent that this right may be affected by an agreement made in conformity with Section 8 (a) (3) of the Act. MILLER MERCANTILE COMPANY, INC., Employer. Dated--------------- ---- By------------------------------------------- (Representative ) (Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. Beechnut Foods Division of The Beechnut Life Savers Co., Inc. and International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, AFL-CIO, Local No. 182, Petitioner. Case No. 3-RC-1790. July 06,1957 SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES Pum ant to a Supplemental Decision and Direction of Election issued herein on June 10, 1957,1 an election by secret ballot was con- ducted on June 21, 1957, under the direction and supervision of the Regional Director for the Third Region in a voting group of truck- drivers. Following the election, the parties were furnished a tally of ballots which showed that the four eligible voters all cast ballots for the Petitioner. On June 25,1957, the Employer filed timely objections to the election in which it alleged, in substance, that the election had been directed in an inappropriate unit. On June 28, 1957, the Regional Director issued and served on the parties his report on Objections in which he found that the Employer's objections did not raise any substantial or material issues with respect to the conduct of the election and recom- mended that the objections be overruled and that the Petitioner be certified as the exclusive representative of the employees in the appro- priate unit. Thereafter, on July 5, 1957, the Employer filed timely exceptions to the Regional Director's report. Essentially, the Employer's.exceptions are grounded upon its con- tention that the Board's unit finding herein is erroneous. In support of this contention, the Employer seeks to relitigate issues which were 1118 NLRB 123. 118 NLRB No. 106. 852 DECISIONS OF NATIONAL LABOR RELATIONS BOARD fully considered and decided by the Board in the supplemental de- cision referred to above. Under these circumstances, we agree with the Regional Director that the Employer's objections are without merit, and they are hereby overruled z As the Petitioner received a majority of the votes cast in the election, we shall certify it as the :representative of the employees in the following unit, which we find ,to be appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All truckdrivers at the Employer's Canajoharie, New York, food processing plant, excluding station wagon drivers, shipping and re- ceiving employees and helpers, all other production and maintenance employees, office clerical employees, guards, professional employees, and supervisors as defined in the Act. [The Board certified International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, AFL-CIO, Local No. 182, as the designated collective-bargaining representative of the employees of the Employer's Canajoharie, New York, food processing plant.] MEMBER RODGERS took no part in the consideration of the above Second Supplemental Decision and Certification of Representatives. 9 See The Kleinhans Company, 115 NLRB 627. Graphic Arts Finishers, Inc. and Local 11, United Packinghouse Workers of America, AFL-CIO, Petitioner. 'Graphic Arts Finishers, Inc. and International Printing Pressmen and Assistants' Union of North America, AFL-CIO, Petitioner. Cases Nos. 1-RC-4833 and 1-RC-4841. July 26, .7957 DECISION AND ORDER Pursuant to a stipulation for certification upon consent election dated February 27, 1957, an election by secret ballot was conducted on March 14, 1957, under the direction and supervision of the Regional Director for the First Region among the employees in the stipulated 271 unit. Following the election, the parties were furnished a tally of ballots which showed that of approximately 100 eligible voters, 41 cast ballots for Local 11, United Packinghouse Workers, 3 for Interna- tional Printing Pressmen and Assistants ' Union of North America, 46 against the participating labor organizations , and 9 ballots were challenged. On March 21, 1957, the Petitioner in Case No . 1-RC-4833, herein- after referred to as Local 11, filed timely objections to conduct affect- 118 NLRB No. 102.